Corrao v. State

Concurring Opinion

Staton, J.

When the marijuana was offered into evidence, the defendants’ failure to object waived any error on appeal. The pretext offered by Deputy Sheriff Richard Mikel that the defendants’ automobile failed to dim its lights is a sham. It is not probable cause for stopping and searching the trunk of the automobile.1

Note. — Reported at 290 N.E.2d 484.

. The owner of the car objected to the search. The officer testified that this area was known as the “marijuana area” where the plant is growing in abundance. It is not surprising that some odor of the plant was perceptible.